Fay

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Kevin FAY, et al., Case No.: 22-cv-1221-AGS-DEB

Plaintiffs, ORDER GRANTING PARTIAL

SUMMARY JUDGMENT FOR

v.

PLAINTIFFS (ECF 16) AND

ASSOCIATED INDUSTRIES DENYING SUMMARY JUDGMENT INSURANCE COMPANY, INC., et al., FOR DEFENDANT (ECF 17) 9 Defendants. 10 After plaintiffs’ home was damaged in a remodel, they believed everything was covered by their renovator’s insurance. The insurance company disagreed. On summary judgment, plaintiffs seek a ruling that the insurer should have defended the renovator and indemnified any losses. The insurance company urges the opposite outcome. BACKGROUND In 2017, plaintiffs Kevin and Marnie Fay contracted with Accelerated Construction & Developing for a “major renovation” of their duplex in La Jolla, California. (ECF 21-7, at 34; see ECF 21-6, at 24–27.) Later that year, Accelerated removed the existing roof, but left the structure “completely open and…